Allahabad High Court
CHHATAR PAL SHARMA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court ordered the execution case to be concluded within six months, barred unnecessary adjournments, and imposed costs for any adjournments, thereby disposing of the writ petition.
Summary
Petitioners Chhatar Pal Sharma and another filed a writ petition seeking a mandamus directing the Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority to decide execution case No.149 of 2025 (Musammat Kalawati & others v. State of U.P.) within a fixed period, alleging inordinate delay. The Court examined the order sheet of the execution case and noted that the proceedings could not remain pending indefinitely. It directed that the execution case be concluded expeditiously, preferably within six months of the certified copy of the order, and that no unnecessary adjournments be granted. In exceptional circumstances, any adjournment would attract a cost of Rs.250 per adjournment. The Court disposed of the writ petition after issuing these directions. The order emphasizes the need for speedy disposal of pending cases and imposes a cost penalty for frivolous adjournments.
Issues considered
- Whether the High Court can issue a mandamus directing the authority to decide an execution case within a stipulated time due to delay.
- Whether the delay in the execution proceedings violates the petitioners' right to speedy justice.
Subjects
- writ petition
- mandamus
- delay
- execution proceedings
- Land Acquisition Rehabilitation and Resettlement Authority
- speedy justice
- adjournment cost
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17598 of 2026
Chhatar Pal Sharma And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Manoj Kumar Tiwari, learned counsel for the petitioners and
Shri Devesh Vikram, learned Additional Chief Standing Counsel for the
State-respondents.
2. This writ petition has been filed praying, inter alia, for the following
reliefs:
"I. Issue a writ order or direction in the nature of mandamus
commanding the respondent 4 to decide the execution case no.149 of
2025 (Musammat Kalawati and others versus State of U.P. and others)
within stipulated period of time fixed by this Hon'ble Court.
II. Issue any other writ, order or direction which this Hon'ble Court' may
deem fit and proper in the circumstances of the case.
III. Award the cost of the writ petition to the petitioner."
3. Learned counsel for the petitioners, in support of his submissions, has
placed reliance upon the order sheet of the aforesaid execution case no.149
of 2025 (Musammat Kalawati and others versus State of U.P. and others)
and submits that there has been inordinate delay in disposal of the case. It is,
therefore, prayed that a direction be issued to Presiding Officer, Land
Acquisition, Rehabilitation and Resettlement Authority, Gautam Buddha
Nagar, to expedite the proceedings and decide the same within a stipulated
time.
WRIC No. 17598 of 2026
2
4. After considering the submissions advanced by learned counsel for the
petitioners and upon perusal of the order sheet on record, we are of the
considered opinion that the aforesaid case cannot be permitted to remain
pending indefinitely.
5. Accordingly, in the facts and circumstances of the case, it is provided that
the proceedings of the aforesaid case shall be concluded and finalized
expeditiously, preferably within six months from the date of presentation of
a certified copy of this order, without granting unnecessary adjournments
and after affording opportunity of hearing to all the affected parties. In
exceptional circumstances, if an adjournment is unavoidable, the same shall
be granted only upon payment of costs of Rs. 250/- per adjournment.
6. With the aforesaid observations, the writ petition stands disposed of.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 6, 2026
Mukesh Kr.
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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